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July 2022
Property & Planning Bulletin
It was great to see so many familiar faces back in the office in May for our first breakfast seminar in two years. Following its success, we are running another event on Wednesday 20 July in Gatwick and look forward to seeing many of you there for bacon rolls and to catch up on all the latest news and updates.

On 11 May 2022, the Government held its first reading of the proposed Levelling-up and Regeneration Bill.  Amongst other administrative reforms, the Bill contains several planning changes (some of which stem from those set out in the 2020 White Paper). We have pulled together a series of blogs to guide you through the changes, including: Infrastructure Levy, Enforcement, Environment, Amending planning permissions and Planning policy changes. If you would like to speak to a member of the team, please do not hesitate to get in touch.

1. Infrastructure Levy

Chloe Karamian considers the proposed Infrastructure Levy 
 

Read more >

2. Enforcement

Jack Boyle looks at proposed changes to planning enforcement powers

Read more >

3. Environment

Daniel Frisby looks at proposed changes to environmental regulations
 

Read more >

4. Amending planning permissions

Jamie Wilkes explains suggested alternative routes for amending planning permissions

Read more >

5. Planning policy changes

Daniel Frisby reviews changes to allow local authorities to concentrate on planning for their development needs

Read more  >
BREAKFAST SEMINAR, GATWICK
Wednesday 20 July 2022, 8.10 - 9.30am


Come and see our Property and Planning teams in our Gatwick office as we welcome you for our next breakfast seminar. Emily Wood will be joined by experts from our Real Estate team who will share their knowledge and provide updates on all things property.

Book now

Media spotlight

Our team regularly provide articles and commentary to news and media around the country on all things real estate. See what our experts have to say.

Visit our media spotlight  >

Brighton considers banning second homes

Two weeks ago, a Committee at Brighton & Hove City Council met to consider implementing a planning policy with the effect of ensuring new homes would not become second homes. Brighton would be the first city to put in place such restrictions, following other rural and coastal communities who have used planning rules to do so – (in)famously, St Ives in Cornwall, which had been upheld by the High Court.

The proposals have been suggested in light of the increasing affordability of housing in the City and the community benefits of principle residence. According to data, there has been an increase of over 1,000 short-term holiday lets being advertised in the City this year since 2018, bringing the total to 3,118 actively marketed properties. It is considered that, where 20% or more of homes are not primary residences, the community begins to suffer social ‘harm’.

The Council will be undertaking more work to identify ‘hotspots’ where this is a particular issue and causing community harm, as the Council do not consider that a City-wide restriction would be appropriate. Such a restriction would be crystallised in planning policy and imposed through planning condition or section 106 agreement on new planning permissions for residential development. It would not, and could not, apply to existing second homes in the City. 

It seems likely that such a policy change will take several months at least, being required to be implemented through a new planning policy which would have its own consultation requirements. Developers should keep an eye on the planning policy changes whilst future holiday home buyers should be mindful of these proposals when undertaking due diligence.

Regional planning updates

Adur District Council 
  • Adur DC are in the evidence gathering stages of reviewing their Local Plan.  It is anticipated that an Issues and Options consultation will be carried out in late 2022. 
Arun District Council 
  • Arun DC are in the evidence gathering stages of reviewing their Local Plan.  It is anticipated that a Issues and Options consultation will be carried out in late 2022. 
Brighton & Hove City Council
  • City Plan Part 2 main modifications consultation ended 5 May 2022.  It is anticipated that the Plan will be adopted in Autumn 2022.
  • They have recently updated their Biodiversity SPD which seeks to improve on biodiversity outcomes and includes a new biodiversity checklist to confirm when and what studies are required to support Planning Applications
Chichester District Council 
  • Following ongoing discussions with National Highways and West Sussex County Council regarding highway capacity, Chichester DC are testing various strategies to meet housing needs in their area.  This work is still ongoing and the Council do not know when they will be in a position to publish a preferred version of their Local Plan.       
Crawley Borough Council
  • Applications affected by water neutrality on hold along with progress on emerging Local Plan.
  • It is anticipated that an agreed approach to Water Neutrality will be reached in Winter 2022/23.
Epsom and Ewell Borough Council
  • Local Plan call for sites ended 27 March 2022.
Guildford Borough Council
  • Local Plan Part 2 submitted to Planning Inspectorate for examination on 17 June 2022.
Lewes District Council
  • Lewes DC carried out a consultation on an Issues & Options Local Plan in Autumn 2021.  They are expected to publish a submission version of the Local Plan by end of 2022.
Eastbourne Borough Council
  • Issues & Options consultation for the Local Plan ended in early 2021.
Mid Sussex District Council 
  • Progress on the emerging Local Plan delayed by Members seeking additional background work and questioning housing numbers with the Secretary of State.
  • Adoption of Site Allocations DPD to be considered at Committee on 29 June. 
Horsham District Council
  • Applications affected by water neutrality on hold along with progress on emerging Local Plan.
  • It is anticipated that an agreed approach to Water Neutrality will be reached in Winter 2022/23.
Mole Valley District Council
  • The Local Plan 2020-2037 was submitted for examination by Secretary of State on 14 February 2022. An Inspector has been appointed (Roisin Barrett) but no date has yet been set for the hearing sessions.
Rother District Council 
  • Local Plan public consultation anticipated between January and February 2023. 
Spelthorne Borough Council
  • Local Plan pre-submission and Staines Development Framework consultation open between 15 June – 5 September.
South Downs National Park Authority
  • Shoreham Cement Works Area Action Plan Issues & Options consultation open until 2 August.
Tandridge District Council
  • The Inspector had written to the Council suggesting that either the submitted Local Plan is progressed or a new Plan prepared whilst the current Plan is withdrawn.
  • The anticipated work programme was updated by the Local Development Scheme in June 2023 and indicates that the Council intend to proceed with the current Local Plan with a main modification consultation to be published in July 2023.
Tonbridge & Malling Borough Council
  • The Local Plan was withdrawn in July 2021, and a new call for sites ended on 7 February 2022.
  • The Council are refreshing their evidence base and intend to prepare a new Local Plan for consultation.
Tunbridge Wells Borough Council
  • There were Stage 1 hearings for the Local Plan on 1 and 2 March 2022, subsequently the Inspector has written to the Council on 17 March 2022 setting out concerns regarding the duty to co-operate. 
  • The Stage 2 hearings were cancelled but have resumed over June and continue into July.
Wealden District Council 
  • Wealden DC have previously indicated that they will publish an Issues & Options consultation on a new Local Plan in Spring 2022, but have yet to do so. 
Worthing Borough Council 
  • Worthing BC Local Plan main modifications consultation ended 17 May. It is expected that the Plan will be adopted by the end of 2022.

With special thanks to

Chloe Karamian
Partner
Planning
01293 605568
Email Chloe
Daniel Frisby
Associate Planner
Planning
01293 605545
Email Daniel
Jack Boyle
Solicitor
Planning
01293 605570
Email Jack
Jamie Wilkes
Planner
Planning
01293 663531
Email Jamie








Key contacts

Tina George
Partner & Head
Real Estate
01293 605193
Email Tina
Adrian Scales
Partner & Head
Real Estate London
0207 822 1606
Email Adrian
Ben Price
Partner & Head
Commercial Real Estate
01293 605085
Email Ben
Heidi Copland
Partner & Head
Planning
01293 663518
Email Heidi
Nick Pentecost
Partner & Head
Property Development
01293 585601
Email Nick
Emily Wood
Partner & Head
Real Estate Dispute Resolution
01293 605578
Email Emily

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